Complying with Employer Requirements In Addition To Sex Harassment Training

Many think that just because you are providing the training, you are now compliant.  Unfortunately, you have been doing work in California, you know that this is not true.  There is always something else.  There are two pieces to be compliant:  Sex Harassment Training, and Company processes and procedures on how to deal with sex harassment training.

In this article, we will give you an easy checklist to be in compliance.  Please note that we are not attorneys and this article is not meant to give legal advice.  If you are unsure of anything in this article, please make sure to consult an attorney.

If you have 5 or more employees (part-time, full-time, independent contractors, and temporary staff) in California, by January 1, 2020, you should do the following before then:

  • Distribute a copy each of the below links as it relates to sex harassment to each employee –
    1. Distribute this info sheet: DFEH-185P-ENG
    2. Distribute this info sheet: DFEH-185-ENG
    3. Distribute this info sheet: DFEH-E04P-ENG
  • Post each of this this in a prominent and accessible location in the workplace (i.e. kitchen, fridge, next to the yearly posters that we sometimes subscribe to, or somewhere people frequently congregate in the office.
  • Provide training to Employees by a qualified individual:
    • Attorneys who have been members of the bar of any state for at least two years and whose practice includes employment law under the Fair Employment and Housing Act or Title VII of the federal Civil Rights Act of 1964;
    • Human resource professionals or harassment prevention consultants with at least two years of practical experience in:
      • Designing or conducting training on discrimination, retaliation, and sexual harassment prevention;
      • Responding to sexual harassment or other discrimination complaints;
      • Investigating sexual harassment complaints; or
      • Advising employers or employees about discrimination, retaliation, and sexual harassment prevention.
    • Law school, college, or university instructors with a post-graduate degree or California teaching credential and either 20 hours of instruction about employment law under the FEHA or Title VII.
  • Training requirements:
    • Managers or those in a management role but no title – minimum 2 hours of training and every 2 years after.
    • All other employees – minimum 1 hour of training and every 2 years after.
    • Promoted managers and new managers – needs to be trained within 6 months of hire.
    • Newly hired Managers or those in management role but no title after January 1, 2020 can read and acknowledge receipt of the company’s policy ONLY IF YOU CAN PROVE THEY TOOK THE TRAINING WITHIN LAST 6 MONTHS OF ASSUMING THE NEW POSITION. My position on this is to just give them the training to make it simple.
    • Keep training documents for 2 years
      • The name of the supervisor who received training
      • The training type and date
      • The attendance sign-in sheet
      • A copy of all certificates of attendance or completion issued
      • A copy of all written or recorded materials that comprise the training
      • The training provider’s name
      • If you are using E-learning: The trainer must maintain all written questions received and all written responses or guidance provided for a period of two years after the date of the response.
      • If you are using Webinars: The employer must maintain a copy of the webinar, all written materials used by the trainer and all written questions submitted during the webinar. The employer must also document all written responses or guidance the trainer provided during the webinar.
  • Or look through this link as a resource for employers